When something goes seriously wrong with a member of staff, most business owners want it dealt with quickly. That instinct is understandable, but rushing a disciplinary is one of the fastest ways to turn a manageable problem into an employment tribunal claim. So how long should a fair process actually take?
The honest answer: usually two to six weeks
There is no fixed legal timescale, but for a straightforward conduct case a fair process typically runs from around two to six weeks end to end. Simple matters can be quicker, and complex or contested cases, or ones involving sickness, holidays or a hard-to-arrange hearing, can take longer. What matters far more than speed is that the process is fair, reasonable and consistent, in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures.
The stages, and roughly how long each takes
- Establish the facts. A proportionate investigation to gather the evidence before any decision. A few days for something simple, up to a couple of weeks for anything involving several people or documents.
- Invite to a hearing. The employee must be told the issue in writing, given the evidence, and offered reasonable notice to prepare, along with the right to be accompanied. In practice that means at least a couple of days, often longer.
- Hold the hearing. A fair chance for the employee to respond before any decision is made. Usually an hour or two, scheduled around availability.
- Decide and confirm in writing. Take time to weigh it up, then confirm the outcome and the right of appeal in writing, typically within a day or two.
- Appeal, if raised. If the employee appeals, you hear it impartially, ideally with someone not previously involved. That can add another week or two.
What makes it take longer
Availability of the people involved, the right to be accompanied by a colleague or union rep, the employee going off sick, the complexity of the evidence, and whether the employee is suspended all affect timing. Suspension, where it is genuinely necessary, should be kept as short as possible and is not a punishment. None of these are reasons to cut corners.
Why rushing is the real risk
If you skip the investigation, deny a fair hearing, or fail to offer an appeal, a dismissal can be found unfair even where the underlying conduct was genuine. Tribunals can also increase a compensation award by up to 25 percent where an employer has unreasonably failed to follow the ACAS Code. With the Employment Rights Act 2025 extending key protections earlier in employment, getting the process right matters more than ever, even for newer staff. A few extra days spent doing it properly is far cheaper than getting it wrong.
Need a hand with this?
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Book a free HR reviewThis is general information, not legal advice. For your specific situation, take advice before you act.
